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Home Owner Associations and ADA Accommodations

There’s some large confusion as to whether or not HOAs are required by the ADA to provide accommodations.

The logic that follows is simply this:

The Americans with Disabilities Act (ADA) is Civil Law that requires that places of public accommodation provide reasonable accommodations so as to allow members of the public to have access to all goods and services. The ADA is not building code and cannot be grandfathered in that way.

Home Owner Associations are in general, private entities, but may have areas that are open to the public. For example, a pool that is open to the public (but charges), guest parking, a leasing office or rooms that can be rented for are all areas that are public accommodations. Those areas definitely fall under the auspices of the ADA.

This does not mean that HOAs are exempt from the ADA however. For areas that are the exclusive use of a tenant, those areas must be allowed to be made accessible by the tenant for their own disability which includes entering and exiting a building.

Additionally, should the HOA remodel, or upgrade any of their areas, local building code would apply. For California, this definitely means Chapter 11A (which has disability requirements — causing the ADA to kick in).

This area of law does get trickier as local ordinances and other state specific laws come into play. Overall, our recommendation is that an HOA should become accessible whenever possible, to help their aging residents and avoid future litigation issues.

Unfortunately, many HOAs seem to think that resident accessibility is cosmetic or somehow not applicable to them. Some interesting links here include a story about an HOA that seems to think it doesn’t need to allow for easy ingress and egress for their residents:

AURORA, Colo. — A fight over a wheelchair ramp is pitting neighbor against neighbor at an Aurora condo complex.

69-year-old Charlotte Vaile rented the ramps with her own money after the elevator at the Bayberry Condo complex broke down, “because I can’t get in and out of the building,” she said.

Charlotte says she asked the HOA for permission to install the ramp, but the board didn’t get back to her right away.

Once the ramp was installed, the HOA promptly took it down. A board member told Charlotte the building does not have to comply with the American’s with disabilities Act because it was built before the law took effect.

Charlotte called the Aurora Fire department, and they put the ramp back up.

But the HOA is now refusing to make the 2nd and 3rd floors accessible to several other disabled people who live there.

Cathi Fort is also a disabled vet, and she lives on the 2nd floor. She told FOX31 Denver, “I feel like I’m a prisoner in my own home.”

FOX31 contacted the Bayberry Condo Association President and we were referred to the president of the property management company.

Lynda Reifman said the board “took the ramp down because they wanted the opportunity to review Charlotte’s request before she put it up.”

And when we asked Reifman what would happen to the other disabled if there was a fire in the building, she said, “the fire department will get them out, that’s their job.

If you want further resources regarding one law firm’s grasp of the ADA as it applies to HOAs, you can turn here.

The Americans with Disabilities Act and Accommodating the Disabled.

So the Takeaway from all this is that if you are an HOA be very careful.  You must not deny your tenants safe access in and out of their residences.

You could be a place of public accommodation have then you have to comply ASAP!

If you are fairly certain you’re not, also be careful, because your residents could at any point have a medical need for a ramp, or some other accommodation.  It’s of course better to become accessible, even if you don’t think you are — for future (and present) liability but if you choose to do work, that also could trigger the ADA.

You may be required to set aside an additional 20% of your budget just for ADA upgrades.

If you are an HOA or part of an HOA and have questions as to the applicability of the ADA, please contact an attorney. In general, if you take money from your residents you must consider their current and future needs (hint: egress and ingress are far more important than comestics).  Also, always also get a licensed and bonded contractor to do accessibility work — as many contractors aren’t always familiar with this area of law. If you have any questions for us, you can contact me at help@accesssolutionllc.com or 866 982 3212.

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ADA Lawsuits… no end in sight

That is, there is no end in sight as long as businesses are easy targets.

Here’s a series of links about some recent ADA Lawsuits around central and northern California.

Most ADA Lawsuits don’t come with a warning, drive-by litigants simply drive by and leave a string of lawsuits. You can read more about ADA Lawsuits in Yuba and Sutter County. Most of these come from George Louie.

More lawsuits as well from the Donner Lake Kitchen Lawsuit from Scott Johnson. You can read about his latest exploits at the Davis, CA Burger Joint, Redrum Burger.

Information thanks to Overlawyered.com and the Civil Justice Association of California.

Don’t be a victim! Look into our ADA Accommodation Tips, in particular our ADA Accommodation Tag.

Further questions, comments? 866 982 3212 or help@accesssolutionllc.com.

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ADA Lawsuits can be dropped if…

Those of you who have been sued become very quickly familiar with the complex intertwine of laws that give rise to ADA Lawsuits, in particular ADA cases.

One quick way to try and buck an ADA lawsuit though, is argue that the plaintiff never visited your store.

This tactic has worked before (especially if the defendant can demonstrate that no barrier was encountered because the plaintiff never showed up!) An older case comes to my mind, centered around Home Depot, when the plaintiff provided a receipt that he visited Home Depot (but it turned out that wasn’t the right home depot).

Nonetheless, here’s an interesting article:

SELINSGROVE — The son of a Texas woman who sued several Valley businesses for noncompliance with the Americans with Disabilities Act had dropped out of Bucknell University about a month before the lawsuit was filed.

Richard K. Greer was a student during the fall semester 2010, which ended Dec. 16, but was not a student in the spring semester that started in January, university spokesman Tom Evelyn confirmed Thursday.

Meanwhile, Greer’s mother, Leslie Greer, filed ADA lawsuits on Jan. 11 against BJ’s Steak & Rib House, Emma’s Food for Life and Bot’s Cafe Inc., all of Selinsgrove; Mom’s Dutch Kitchen, Danville; Fox’s Family restaurant, Pennsdale; Colonial Village Plaza, Shamokin Dam; and Basin Street Shopping Center, Williamsport.

Leslie Greer, who uses a wheelchair, alleged in her lawsuit that she patronized the businesses during a recent visit with her son, a Bucknell student, and believes they are in violation of the ADA.

But when several of those being sued informed Greer they learned her son was no longer a student, the lawsuits were dropped.

“The premise of suit was that she’d be in our establishment, that there was the possibility she could continue to patronize us during her son’s tenure at Bucknell,” said Rick Schuck, owner of Bot’s. “He transferred in December, and we were served in the middle of January.”

You can read more here: Lawsuits against small businesses dropped from The Daily Item and through Overlawyered.com

Another way is to have a surveillance video of your store of everyone who enters your store — assuming of course that you didn’t erase your tapes, or that they did in fact did enter your store.  A loophole with this approach is that if you don’t have accessible parking, it’s possible that the plaintiff would claim that they couldn’t enter your store because there wasn’t proper parking, or there was something wrong with the outside. Sometimes that’s not the case. We can help provide evidence to verify the plaintiff claims, something we do regularly.

But that’s a different issue. Of course, the best way to avoid attracting a serial litigant who sees your facility as being an “easy target” is to become 100% compliant, to have all the appearance of compliance.

Comment below and share your thoughts on this!

If you want more tips on accessibility you can go here: Accommodation Compliance Rules and Regulations. Or you can reach us at 866 982 3212 or email us at help@accesssolutionllc.com.

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Denial of Service leads to Lawsuit: Service Dog

Here is a very interesting story about service animals and places of public accommodation:

Christy Gardner, who was a driven athlete at Edward Little High School in Auburn and at Long Island College in New York, found basic training at Fort Leonard Wood a breeze.

She cruised through military police training before being deployed to the demilitarized zone between North Korea and South Korea.

But she suffered a traumatic brain injury during police operations there, and even the most basic tasks became challenging, even dangerous. “My medical records said I was not allowed to bathe alone, in case I had a seizure,” said Gardner, 28.

With brain damage that makes her prone to terrible seizures, Gardner lays credits for her ability to live alone squarely at the four furry feet of her golden retriever, Moxie.

Moxie, a service dog, can sense her owner’s grand mal seizures 10 minutes before they hit, and warn her to sit on the ground so she doesn’t injure herself falling.

Moxie can pull blankets off Gardner so she doesn’t choke during a seizure in bed, and is trained to roll her on her side and dial 911 on a special, large-button cell phone. She even can open the door, run to a neighbor’s home and ring the doorbell for help in an emergency.

So Gardner was startled when she entered a Portland convenience store last summer to get Moxie some water and the owner ordered them to leave, then walked toward them, his hands outstretched, to herd them from the store.

Gardner was frightened, mostly for Moxie. “If something happened to her physically, I have to find a live-in nurse or I have to live in a (nursing) home,” Gardner said.

You can read more from The Portland Press Herald. I sourced it from this Twitter: Service Dog Registry of the United States.

EDIT:

An additional story:

An Aurora man has sued the International House of Pancakes, saying employees at the popular breakfast restaurant discriminated against him because he uses a service dog.

The suit, filed in Kane County Court, alleges that Ricky Lee Schopp went to the IHOP restaurant on Augusta Way in Aurora on June 30, 2009, with his mother and his service dog, Phato. Schopp is paralyzed from the waist down and uses a wheelchair. Phato, a Labrador retriever, helps with certain skills, like opening doors.

At first, Schopp, his mother and the dog were seated at a table by the IHOP hostess, the suit says. However, not long after they sat down, an IHOP employee demanded they move to a different section of the restaurant that had no other customers, forcing them to eat alone, the suit says. The employee said the reason for the changing tables was that Schopp had a dog with him.

After being informed that it was a service dog, the employee still insisted they move or leave the restaurant, the suit alleges. Schopp chose to leave the restaurant.

You can also read this additional story of a Man from Aurora suing an IHOP for the same denial of service From: the Beacon News.

Service Dog Registry is a volunteer registry for Service Animals. It is NOT required. For more information about Service Dogs you can turn to United States Service Dog Registry.

Any questions about accessibility in general, feel free to call 866 982 3212 and help@accesssolutionllc.com.

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ADA Accommodation #3: Principles of Signage*

Signage is one of the “Readily Achievable” statuses under ADA Accommodation. Basically, this means that you should be able to afford to achieve this ADA Accommodation. (For further detail see here: ADA Accommodation Cost.) Signage is also one of the most least understood ADA Accommodations.

 

ADA Requirements for Signage:

While there are many different requirements for when signs should be placed, here are some general guidelines.

  • Signage should be placed when there are multiple paths of travel or when points of destination (such as main entrance) is unclear.  The pedestrian circulation path should coincide with the accessible route.  So directional signage from the accessible parking to the main entrance, or from an assembly area to a restroom are prime candidates for adding signage.  We’ve all had problems locating where the restrooms or where a main entrance is, but that problem can become compounded if you are mobility impaired.
  • Directional signage is not required to have Braille.  But signage to permanent rooms and locations should have signage.  Braille should be Grade 2 Braille.   So Braille signage must be present for stairs, elevators and rooms.
  • Braille signage must be accompanied by raised lettering.  This means that if it says “Room 32” then the lettering for “Room 32” must be raised.
  • The Braille for signage must not be located where there is danger.  If someone is reading the braille but the sign is in the door swing, that’s a problem.  Someone reading the sign could be hit by the door.  The ADA 2010 has the added requirements for the placement of the signs to clarify the unclear 1990 requirements.  Placement of the signs include 48-60 inches on center above the finished floor measured from the highest tactile character and centered a minimum of 9 inches from the door swing.  In California, there are requirements for restroom signs to be placed additionally on the door.  These signs must not have Braille on the swing-side of the door.  (ADA Accommodation for Restroom Signs in California)
  • The contrasting color requirements for the signs apply not only to the differences between the background of the sign and the lettering of the sign but also between the sign and the wall color.  Blending the sign into the wall does not make for accessible signage.  Likewise, reflective or semi-reflective signs are non-compliant.  We mention that also here:  ADA Accommodations #2:  Restrooms
  • There are added requirements for the proportions and spacing of each of the elements in the sign so be sure to check for these specific requirements.  For instance, elevator signage must be a minimumm of 2″ high for the jambs.

 

Discussion of ADA Accommodations

Sign Picture #1: Visibility

This picture is of a parking sign.  While required at parking spaces, this sign is both too low for the ADA requirements (which want a minimum height of 60 inches for all head parking signs), and this sign is not easily visible, as the plants around it partially cover the sign.  Where plants and signs are concerned, all signage should be easily visible.  This means that it is visible from the general circulation path, either of vehicles (if the sign is for drivers) or for pedestrians (if the sign is for pedestrians).  The ADA has the additional requirement that the parking head signs be visible to on-coming drivers seated on the driver’s seat.  (This means that the sign can’t be too high).

While there is no requirement for the maximum height of signage, the California Building Code (CBC) has the additional requirement that if in the circulation path, the head parking sign must be a minimum of 80 inches high as measured to the bottom of the sign.  So this California code requirement does not apply if the sign is wall mounted.  What this means is that if the parking warning sign (under CBC 1129B.4) is post mounted in the circulation path, it must have the lowest edge at 80 inches high from the path.  If this sign is on the wall, it may be less than the 60 inches required by the ADA, as it is not required by Federal law to be there.

 

Sign Picture #2 & #3: Latch side Signage and attending clear floor space

The latch side of a door is the side of the door where the handle is.  On that side, there must be a sign to designate that space if it is a permanent room or space.  So for an office, as the offices are numbered, there should be a sign present with raised letters and braille.  That sign must be of contrasting color.  Restrooms also must have a six by six area for a pictogram on this sign with an icon for mens, womens, unisex or family.  There is an additional requirement for clear floor space of 18 inches centered under this latch side sign.

This second picture does not have that latch side sign, it only has the California door sign required by the CBC.  By the looks of the drinking fountain, this door also would not have the clear floor space of 18 inches unless they removed the drinking fountain.

Likewise, this third picture violates the latch side sign height requirement and the floor clearance requirement.  There is a stool in the clear floor space.  The stool could be easily removed, and should be, as it is a barrier.

Additionally, the placement of the latch side sign as being so close to the door creates a hazard as someone who is reading the sign could be hit by the door swing. The 1990 ADA standards were unclear as to how far the sign should be from the door — the verbiage stated that the sign should be placed so that the door swing would be at least 3 inches from someone reading the door. At its current location, this would not be the case. This sign should be re-mounted so as to be a minimum of 9 inches centered from the door.

 

 

 

 

 

Sign Picture #4 & #5: Parking Warning Sign Visibility

In California, this sign is required either at the head of each accessible parking space or at every entrance to the parking lot. We had a client recently ask us if it was okay to mix and match. Mixing and matching isn’t addressed by the code but the principle behind this sign should be that a driver should have to encounter this sign on her way to park — and be warned that if she parked in the parking space reserved for the disabled she better have the proper disabled placard.

So placing the sign on a pole that isn’t even remotely close to the parking lot entrance, or placing the sign in such a way that it faces the wrong way defeats the purpose of presenting the sign to drivers. Likewise, in this photo allowing graffiti to be plastered all over the sign, or allowing the graffiti and stickers to persist on the sign makes a business liable for a lawsuit. (This sign must also be filled out with the telephone number to retrieve the car, or the tow-lot/police station to be fully compliant.)

As a stronger statement about signage is that it must be clearly visible. If the sign is damaged, turned the wrong way as in sign #5 (it’s not facing on-coming drivers, as it’s facing away from the street) then that facility is liable for not being in compliance.

 

ADA Compliance Takeaway

So you understand, the point of all these articles is to educate you readers about what ADA compliance entails.  Both what to do, how to approach it, how to best comply and what the common pitfalls for complete ADA compliance are.

Education is mostly free.  I have to spent a few hours, maybe a day and a half each week, working on articles, and you have to take time to read it, to shift through the multitude of available information.

Ultimately, though, we make a living doing ADA inspections and ADA consultation.

We  do know the laws and ADA regulations, but we don’t know your facility.

I can write about the most common and glaring problems, but I can’t advise you on your particular site.  Even if you submitted pictures, I can’t measure slope or spot issues you may not know about.  If you find this information helpful, feel free to drop an email or a comment.  Submit a picture too, if you like.  I can email you back with an opinion.  (Money is even more appreciated!)

But seriously, give me some genuine feedback and let me know if this was helpful or if you would like me to cover a specific topic.  If I get enough requests, I’ll take the time to write an article on it.  If you’re interested in having us apply our knowledge to your place of business/place of public accommodation in the form of an ADA consultation, by all means call us at 866 982 3212 or email us at help@accesssolutionllc.com.

*Note: The California Building Code may have changed its requirements since the writing of this article.

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Judgement Avoids Landslide of ADA Lawsuits

Through Overlawyered.com comes this article from the California Civil Justice Blog.

Cities can worry a little bit less about unexpected litigation costs in their already-strained budgets after a federal court ruling at the end of March ended a 14-year dispute over street curbs and sidewalks in Riverside, CA. A Riverside man named John Lonberg, who uses a wheelchair, first sued the city in 1997 claiming its curbs were sloped too high and lacked dividers to allow disabled access. In the latest ruling, U.S. District Judge R. Gary Klausner ruled Lonberg had failed to demonstrate that Riverside as a whole is inaccessible to the disabled. A ruling in favor of Lonberg could have meant millions of dollars in liability for mandatory modifications.

Riverside’s City Attorney, Greg Priamos, was quoted in the Daily Journal saying the suit was “about money, not accessibility…The only hangup to a settlement earlier in the case was the amount of attorney’s fees. I’m offended by that.”

The lead counsel for Riverside, Greg Hurley, added, “Had Lonberg prevailed, there would have been an avalanche of lawsuits, because no city in the U.S. is totally accessible.”

Read more on the details of the case in the Riverside Press-Enterprise and Daily Journal (subscription required). Note the millions Riverside has spent over the past ten years to resolve the vast majority of its handicapped access issues, and the $221,000 Lonberg received in 2007.

The basic takeaway here, is that Riverside saved by this last judgement. By needing to prove that an entire city is not accessible, cities may be saved from an “avalanche of lawsuits”.

Nonetheless, entities in charge of public right of way should be aware that the ADA applies to them as Federal Civil Rights Law — requiring them to update their sidewalks even if their sidewalks preexist the ADA [New Jersey Protection and Advocacy, Inc. v. Township of Riverside, 2006 WL 2226332 (D.N.J.))].

This issue will be compounded in the near future when the access board, which is quasi-Federal agency to determine accessibility standards, is working on a Public Right of Way Accessibility Guidelines. Once this becomes law, you can be sure there will be a ton of lawsuits to follow as these guidelines explicitly apply to municipalities.

And of course, it’s been proven over and over that businesses are liable since the ADA has requirements that businesses must follow. As the economy gets worse, more and more people will be tempted by this on-going series of ADA lawsuits… so the avalanche for more businesses to get sued is bound to rise even more.

So GET COMPLIANT, either from us or from someone else.

Contact us for questions at 866 982 3212 or email us at help@accesssolutionllc.com.

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Edge Series, Seal Beach Chamber and OC Service Center: ADA Compliace, Managing your Liabilities & your Risk

We are presenting a joint presentation at the Seal Beach Chamber of Commerce and the Orange County Business Service Center on

Wednesday, May 18, 2011 from 11:30AM to 2PM

The event is free.

 

The speakers will be our own David Marshall, Frank W. Chen, Esquire and Yung Kao, AIA, CBO, CASp

 

The point of the presentation is to answer questions about the ADA, ADA liability as it pertains to businesses, contractors and architects.

Who is liable?  Who is responsible for providing accommodations and what can you do to mitigate your risk of a lawsuit by providing the PROPER compliance?

We will answer all your questions.

 

We will be at the Conference Room, Orange County Fire Authority Station #48

3131 N Gate Road, Seal Beach, CA 90740

 

RSVP to

Orange County Business Service Center

(714) 241 4963

Audrey@ocwibpropathinc.com

Links to PDF flyers are here:

EDGE Flyer-General 2011

EDGE Flyer-ADA 2011

EDGE Flyer 2011

 

See you there!

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Chipotle’s Attempt to Appeal ADA Lawsuit Fails

Following an on-going Chipotle case as covered previously:

Chipotle Deprived Disabled of Food View [From San Francisco Chronicle: Chipotle and Disabled Rights Lawsuit]

WASHINGTON — The Supreme Court won’t stop a disabled man’s lawsuit against Chipotle Mexican Grill for having counters too high for a person in a wheelchair.

The high court on Monday refused to hear an appeal from the Denver-based chain.

Maurizio Antoninetti sued when he found that he could not see the Chipotle food preparers because of the height of the counters. A federal judge ruled against him, saying Antoninetti had sued dozens of other places for access violations and dropped the suit after received cash settlements.

The judge said Antoninetti was insincere about wanting to return and eat at Chipotle.

The 9th U.S. Circuit Court of Appeals overturned the judge’s ruling, saying Antoninetti’s litigation history cannot be used against him.

The case is Chipotle Mexican Grill, Inc. v. Maurizio Antoninetti, 10-1051.

[From Huffington Post: Supreme Court Permits Maurizio Antoninetti’s Lawsuit Against Chipotle]

 

If you are aware of this past lawsuit back in 2006, and you’ve been to a new Chipotle you will notice that even some of the new ones are not built to the standards required by that lawsuit (of having a continuous lowered counter).

The lesson here is simply that a business’s responsibility to follow the law cannot be waived for external reasons.

 

I’m sure more information will come forth soon.

Comment below and share your thoughts on this!

If you want more tips on accessibility you can go here: Accommodation Compliance Rules and Regulations

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The Equal Rights Center: Disability Game

 

Recently the Equals Rights Center launched a campaign to try and educate the public about what ADA Accommodations means.  They have a series of photographs depicting violations, the idea being that you can look at these photos and guess at what constitutes a violation.  They explain what is a violation in each of these images.

This campaign is in line with our mission statement as a company.

We are of course, contributors to their content.

I have quoted the campaign below.

 

WASHINGTON, D.C., April 12, 2011 – The Equal Rights Center (ERC), a national non-profit civil rights organization, and the D.C. Office of Human Rights, an agency of the District of Columbia government that seeks to eradicate discrimination, have launched a new multi-faceted campaign, “what is WRONG with these pictures?”

“One in five people in the United States have a disability, yet there is still a great lack of awareness when it comes to what exactly is accessible and what is not,” explained Leah Maddox, ERC Communications and Outreach Associate. “This campaign is a fun and stimulating forum through which people with and without disabilities can learn more about accessibility.”

The PSA campaign uses the website, www.disabilitygame.org, to create an interactive forum for education. The focus of the site is a game in which users are asked to identify physical barriers in real life situations. The photographs present a range of barriers; both easily recognized ones – such as a step in front of a doorway – and those many may not be so familiar – such as a round doorknob.

The tools presented on the site are part of a larger self-advocacy ERC initiative. Robyn Powell, ERC Disability Rights Manager, noted: “It’s important that people with disabilities know how to be their own best advocate. These pictures, and the accessibility information that goes with them, are just the start of that conversation.”

ERC member and campaign contributor Gregory L. Hubert, explained, “Advocacy… is part of the fabric of our family life. Often progress is frustratingly slow, but we know we are making a difference. We have been blessed by the advocacy efforts of those who have gone before us. We honor their efforts by continuing our efforts.”

The website also features the stories of people with disabilities as they encounter accessibility barriers in their daily lives. Jill A. Nerby, ERC member and campaign contributor, said, “By sharing my experiences and successes in my life, I hope to inspire every person with low vision and legal blindness to know that there is hope for the future, ways to overcome challenges, and that by working together, we can make a difference in the lives of many.”

Also featured on the site are quick links to the ERC’s five disability advocacy and self-advocacy toolkits, ways in which anyone can become involved in disability rights, and access to help for those who feel they have experienced discrimination. The campaign includes a two-month roll out on social media sites, and a three month print advertisement campaign.

To view the campaign, visit www.disabilitygame.org.

Original Link here:  http://www.equalrightscenter.org/site/PageServer?pagename=pr_11_04_12

 

You can go their image library here:   http://www.equalrightscenter.org/site/PageServer?pagename=disabilitygame_image

I invite you to take a look, it’s quite interesting.

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ADA Accommodation #2: Readily Achievable Restroom*

Welcome back!

For this installment, we will cover restroom accessibility.  For considerations regarding facility management or considerations on how to modify the restroom beyond simple, readily achievable items, I would recommend listening to this podcast found on facilitiesnet.com.  You can find the podcast here:

ADA consideration tips for Contractors and Property Managers

Now, if you had listened to this podcast, and you’re a leasee or a small business owner, you’re probably thinking that can’t be something I can do… in a long term solution, that may have to be done eventually but not right now.  Since this post is about providing tips on what can be done right now it’s got to be simpler and less intrusive on the structure of your restroom.  This is what readily acheivable means.

 

What is a Readily Achievable Accommodation?

Readily achievable is defined as providing alterations to existing facilities that are “to the maximum extent feasible”. The maximum extent feasible has to do with an entity’s financial threshold. If you are a smaller entity, your financial resources would be much less than a larger entity. So readily achievable accommodations changes depending on who you are. If you want a larger picture as to how readily achievable accommodations, you can go here to read more about the larger picture:

How to Determine your ADA Liability Cost

 

There isn’t any magical fixes, this is simply a matter of knowing what the laws are.  We will cover four pictures.

 

Discussion of ADA Accommodations

Restroom SignageRestroom Picture #1: Proper Signage

If you’ve looked online for signage requirements, you’ll understand there are height and space requirements.  Those are pretty specific — and we won’t get into that right now ( we will cover this later).  My point, is that’s not well understood how to go about purchasing the proper signs.  Proper restroom signs need braille and raised lettering.  Whether this goes on the door, depends a great deal on the door swing.  For instance, these doors open out, so having raised letter and braille on these door signs would be a hazard.  For more detailed information about this, you can go here:

ADA Restroom Signage

In this picture though, you can see how the sign blends with the color of the wall.  The requirement for “contrasting color” applies not only to the pictogram and the lettering against the background of the sign but also between the sign and the wall.  It’s understandable that the owner of this restaurant probably wanted signage that would blend into the color of his wall so as to be unobtrusive.  But that does defeat the point, doesn’t it?  For someone who is legally blind, they may not be able to see the sign is there if it’s too small.  The large size of the sign contrasting with the color of the wall is meant to draw attention to the presence of the sign.  An individual who is blind could then walk up to the sign and touch it, and read the braille or trace the lettering and understand if this restroom is or is not meant to service them.

 

Restroom AmenitiesRestroom Picture #2: Amenity Height

One of the most common requirements for the accessibility of restroom amenities is the height of restroom amenities. The point of providing these items to the public is so that the public can use them.  Providing goods and services to everyone equally is the point of the ADA.  The height is not the only dimension to be considered.  Height is part of something called “reach range”.  There’s not enough space to go over in detail how the reach range is affected by approach or over-reaches but in general, the California Code of References specifies that at least one of the each type of restroom amentities must be at maximum 40 inches above the finished floor.  This means that if paper towels AND a dryer is made available than one of each must be at 40 inches to the operating point.  For mirrors, this should be at 40 inches.  For towels with controls, the control must be at 40 inches.  For soap dispensers, the dispenser must be at 40 inches.

In this restroom, the mirror here is at the threshold of 40 inches.  You can scale the mirror height through the titles and it’s pretty close to 40.  They definitely need to measure that height to the reflective edge.  Now, knowing what is at 40 inches looks like in this restroom, you can note that the paper towel dispensers are too high.  This can be resolved by either lowering one of the dispensers or by installing a lower dispenser in order to make paper towels available to everyone.  (This can be as simple as providing paper towels on the counter itself.  Of course such a ‘fix’ would require active monitoring so that the paper towels will always be available.)

For the soap dispensers, there are two.  One is too high.  One is lower than 40 inches but has a reach depth that is too deep.  In fact, it’s likely that all four amenities are too deep.   (I did not measure this restroom.)  In general, each amentity must have clear floor space under it so that someone in a chair can have enough space to go up to the item and reach it.  A good rule of thumb is that at 40 inches…

 

lavatoryRestroom Picture #3: Sinks

The ADA 2010 simplified the knee clearance under sinks.  This sink has an interesting design and probably meets the requirements for knee clearance. (I did not measure this sink).  But just from looking at it, I see 2 other issues.

The second issue has to do with the pipes wrapping.  Wrapping pipes requires that the hot water input and the drainage be wrapped in insulating materials.   From this picture, it’s clear that the sink on the left is wrapped.  What isn’t clear is that that this sink is identical to the sink on the right.  If one sink of all of them were lowered, then that would be the accessible sink.  But if the dimensions of all the sinks are the same and there is no identifying sign that the sink on the left were otherwise the accessible sink, then this business might as well not have wrapped their sink.  They are still at risk to having their customer be burned by the hot water pipes simply because there is little in way of identifying the wrapped sink.

The second issue has to do with the bowl height.  While the code says that the top of the sink apron, or the sink counter, shall be no higher than 34 inches.  The issue isn’t just so the counter top is at 34 inches, but also so that someone can get their hands in the bowl to wash their hands or wash their face.  The bowl looks to add 6 inches, so even if they had knee clearance at 29 inches which is the minimum, adding another 6 inches puts them at 35, too high to be compliant.

 

urinalRestroom Picture #4: Urinal

The last image we will discuss is the urinal.  The urinal requirements are pretty much the same as any other point of operation although there are two added requirements specific to urinals.  This urinal has the needed depth (the rim extends far enough from the back wall) but the height is too high.  Urinals are required to have the projecting edge to be 14 inches from the back wall minimum.  The rim height should be a maximum of 17 inches from the finished floor (judging from the picture, this one looks to be at least 2 feet from the finished floor.)

There are three additional considerations, the clear floor space, the slope of the floor and the flush control.

From the photo there are no obvious floor slope issues, but you can tell that the trash can is awfully close to the urinal.  It may interfere with the clear floor space.  This is a matter of policy, this large facility should instruct their janitorial staff to place the trash can somewhere else.

Also visible from the photo is the flush control.  You’d recognize this control to be automatic, as it has a sensor.  But if this control should have an additional push button for added flushing ability, then this urinal control should be within 54 inches of the finished floor.  Remember, 40 inches applies to the amenities.  54 inches is the side reach range if the wheelchair user reached up from the side of the chair.  48 inches is the front reach range.

 

This concludes our discussion.

 

ADA Compliance Takeaway

So you understand, the point of all these articles is to educate you readers about what ADA compliance entails.  Both what to do, how to approach it, how to best comply and what the common pitfalls for complete ADA compliance are.

Education is mostly free.  I have to spent a few hours, maybe a day and a half each week, working on articles, and you have to take time to read it, to shift through the multitude of available information.

Ultimately, though, we make a living doing ADA inspections and ADA consultation.

We  do know the laws and ADA regulations, but we don’t know your facility.

I can write about the most common and glaring problems, but I can’t advise you on your particular site.  Even if you submitted pictures, I can’t measure slope or spot issues you may not know about.  If you find this information helpful, feel free to drop an email or a comment.  Submit a picture too, if you like.  I can email you back with an opinion.  (Money is even more appreciated!)

But seriously, give me some genuine feedback and let me know if this was helpful or if you would like me to cover a specific topic.  If I get enough requests, I’ll take the time to write an article on it.  If you’re interested in having us apply our knowledge to your place of business/place of public accommodation in the form of an ADA consultation, by all means call us at 866 982 3212 or email us athelp@accesssolutionllc.com.

**Note: The California Building Code may have changed its requirements since the writing of this article.